Delran Emergency Squad asks state to end suspension quickly

David Levinsky @davidlevinsky

Thursday

Aug 16, 2018 at 6:43 PMAug 16, 2018 at 6:43 PM

The emergency squad is asking for a fast hearing on its appeal of the state Department of Health imposed suspension, arguing that the state’s action is causing irreparable harm to the Delran and Riverside communities it has served and that several of its members are facing financial hardships.

DELRAN — The Delran Emergency Squad is making a case that the resignation of its chief should bring about a quick end to the state’s suspension of its license to operate.

The emergency squad is asking for a fast hearing on its appeal of the state Department of Health imposed suspension, arguing that the state’s action is causing irreparable harm to the Delran and Riverside communities it has served and that several of its members are facing financial hardships. It also makes the case that the suspension is the result of the actions of its former chief, Donald Horner, who is no longer an officer or member of the nonprofit.

“The Notice of Summary Suspension exclusively speaks to the actions of the former Chief Donald Horner, rather than the organization as a whole,” the squad’s attorney Alexandra Stulpin, of the Comegno Law Group, wrote in an Aug. 8 letter to the Department of Health to formally contest the suspension.

“The actions of one, who notably is no longer affiliated or employed with (Delran Emergency Squad), should not irreparably harm the Delran community or other members of the (emergency squad) organization.” Stulpin wrote.

The squad's letter was released by the Department of Health on Thursday, two days after the township Council voted to contract with the Moorestown First Aid and Emergency Squad and the Palmyra Ambulance Association to temporarily provide emergency medical service in the town until the future of the Delran squad is determined.

The Delran squad’s license to operate was suspended by the Department of Health on July 9 due to multiple alleged violations, including operating vehicles with uncertified staff, altering patient care reports and hindering an audit investigation.

In its suspension letter, the Department of Health alleged that the emergency squad violated a state requirement that ambulances be staffed with two certified emergency medical technicians and that Horner had threatened investigators who were seeking records as part of an audit of the squad operations.

According to the Department of Health, the investigation began in June after department officials were notified that Horner was suspected of working on ambulances without valid EMT certification.

Horner’s EMT certification expired at the end of December 2010 and the instructor certification expired at the end of December 2016, according to the Department of Health.

The chief still worked on an ambulance as a second EMT at least 27 times since January 2017, the department said, adding that he is also alleged to have removed his name from patient care records and replaced it with names of certified personnel.

In its appeal letter, the squad’s attorney noted that Horner resigned from the emergency squad on June 29, five days after the squad had suspended him without pay after being notified of the ongoing investigations by the Department of Health and the Board of Ambulance Commissioners into “charting inconsistencies.”

Horner was paid $53,102 by the squad in 2016 for his role as commissioner, according to information filed by the nonprofit with the IRS. More recent information about his pay was not available.

In his resignation letter, which was submitted with the squad’s appeal, Horner wished the squad’s members a “safe and prosperous future.” He did not mention his suspension from the squad or the ongoing investigations.

“After 51 years serving the Delran community and 44 years as Captain/Chief, I find it the right time to continue on with my future,” Horner wrote. “I have enjoyed working with everyone past (and) present, and I wish you all a safe and prosperous future.”

Horner could not be reached for comment on Thursday.

In the appeal letter, Stulpin said the squad would reserve all rights to defend against the Department of Health’s allegations, but she stressed that the actions described in the suspension letter reflected the conduct of the former chief and not the entire squad.

“Comparatively, the other members of (Delran Emergency Squad) has acted prudently and expeditiously to comply and cooperate with the Department of Health's ongoing investigation,” she wrote. “This investigation is a result of the misguided actions of one, rather than the DES organization as a whole.”

Stulpin’s letter also cited the harm the suspension poses to the communities of Delran and Riverside, arguing that the squads from neighboring communities cannot continue to provide adequate emergency services for both towns in perpetuity.

Several paid members of the squad also face financial hardships due to the suspension, she wrote, citing examples of two paid members who are expecting a second child in September and rely on the squad for health insurance coverage.

Two other paid members indicated they might be forced to move from their homes due to the loss of income if the squad’s suspension is not lifted.

The squad’s appeal is expected to be heard by an administrative law judge, but has not yet been assigned, according to officials at the Office of Administrative Law.

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